Advocate Himanshu Kaushik

Questions Answered by Advocate Himanshu Kaushik

Q: Regarding represntation of case by advocate

Can an advocate represent his family members case in court ..or of any member who is in blood relation wd that advocate?

Advocate Himanshu Kaushik answered
Yeah there is no such bar on an advocate regarding pleading or representing his blood relatives before the court of law. but an advocate cannot plead before the judge who is his blood relative as there is bar from kith and kin practice

Q: Time limit of filing a statutory complain

I was punished in 2009 in a wrong procedural error which is now forming many contingencies in career progression. It is been 10 years over of that trial. Now I want to file a complaint ( Strat/ not strat) against the board. Could I file complaint after 10 years ? Pl adivise me

Advocate Himanshu Kaushik answered
yes indeed you can file a complaint today also. as you are facing continues financial loss till date and as per the solemn judgement of M.R Gupta supra it is termed as reoccurring cause of action. the thing is you are not just facing financial loss but social loss too.

Q: How to recover the loan amount given to a friend?

Gave money to a friend against a cheque but now he is not giving back, what all I can do to recover it? Please advise

Advocate Himanshu Kaushik answered
Friendly loan is a loan without interest as it is given out of friendly love and affection. It is good that you hold a cheque from him as a security now you can fill the amount and encash it and if it gets dishonoured than you can file a complaint case against him for the amount in the appropriate court of law.

Q: Gf's family threatening to suicide if she marry me what to do

I love a girl she also too. She had talk to her parents for marriage with me but they are saying if you do marriage with me so they ll suicide like this threat she is not talking me.

Advocate Himanshu Kaushik answered
Sir these situations are very common in the society like india because of castesim and discrimination on various basis. But if you are confident enough and have strong will power you can over come from this situation. You can opt for court marriage if your partner and you are major. And we can help you to register your marriage. And if you want to make your family happy than i think being a boy you should take a step forward and talk to your family and your family can talk to girls family.

Q: What to rejoin IAF after 11 years, what to do

Sir, I have enrolled in IAF on 14.12.2000 in combatant roles Non Technical trade, continued my service till 24.06.2007 i.e. 6.6 years. Sought discharge on compassionate/medical grounds of my parents. I want to continue my service further. Kindly advice how to approach and where an appeal can be made for consideration of my request

Advocate Himanshu Kaushik answered
It is very tough for him to get his service back as he sought voluntary retirement in the year 2007 I.e., 10 years ago...it is trite once you have taken a conscious decision to quit service are released accordingly you cannot simply seek reemployment for granted. You may asking him if he know about similar cases where such employment is permitted and try to make out a case on the basis of parity...also ask about any rule, regulation or circulars which provides for such relief or benefit.